Our Bakersfield motorcycle accident lawyers know that insurance companies and other parties often hold biases against motorcyclists, making it difficult for motorcycle accident victims to recover fair compensation. That bias can lead to low settlements or denied claims—even when you have a right to recover damages for your medical expenses and other losses.
At Omega Law Group, we believe all victims deserve fair treatment and access to financial support. Our Bakersfield personal injury lawyers help injured motorcyclists pursue maximum compensation for injuries, medical bills, lost wages, and more. We put our clients first. Always! Your first case evaluation is free, ensuring you understand your legal rights without upfront costs.
When to Contact a Bakersfield Motorcycle Accident Lawyer
If you’ve been in a motorcycle crash, contacting a Bakersfield motorcycle accident attorney quickly is crucial. Under California’s personal injury statute of limitations, you have two years from the accident date to file a lawsuit. Acting quickly is important, as waiting too long may lead to lost evidence and weakened claims.
Understanding Comparative Fault in California Motorcycle Accidents
California’s comparative fault laws significantly impact the compensation that motorcycle accident victims can receive. Under this system, even if you are partially at fault for the accident, you can still pursue a claim for damages. However, your compensation may be reduced according to your level of responsibility for the crash.
This legal framework often comes into play in cases involving motorcycle accidents, where the liable party might argue that the motorcyclist shares the blame. When filing a claim, having clear evidence of the at-fault driver’s negligence can help minimize any reduction to your compensation.
How Comparative Fault Affects Compensation
In California, a “pure comparative negligence” rule applies to personal injury cases. This means that even if you are 99% at fault for your motorcycle crash, you can still recover damages. However, any compensation awarded will be reduced based on your percentage of fault. For example, if you’ve found 20% responsible for the crash and are awarded $100,000, your recovery would be reduced to $80,000.
This system allows injured motorcyclists to recover some financial losses even when they share fault. Still, it makes it crucial to establish the smallest possible percentage of fault. A motorcycle accident lawyer can help you challenge any allegations of negligence against you to maximize your potential compensation.
Establishing Fault and Protecting Your Claim
Establishing fault is critical in motorcycle accidents, as any assigned percentage of responsibility can directly impact the compensation you receive. A motorcycle accident law firm in Bakersfield will gather evidence, including police reports, witness statements, and accident reconstruction details, to dispute any unfair fault assigned to you.
An attorney’s role is to build a comprehensive case against the at-fault driver and negotiate with insurance adjusters. By working with a legal professional, you can ensure that your right to financial recovery is prioritized, protecting you from unjust blame and securing the damages you’re entitled to.
Common Causes of Motorcycle Accidents in Bakersfield
Motorcycle accidents frequently occur due to negligence by other drivers or hazardous road conditions. Some of the most common causes include:
- Distracted driving: Texting, talking on the phone, or engaging in activities that take attention away from the road.
- Unsafe lane changes and blind spots: Failure to check blind spots or signals before changing lanes increases the risk of motorcyclist crashes.
- Drunk or impaired driving: Impaired reaction time and poor judgment can lead to serious accidents.
- Speeding and sudden stops: Driving above the speed limit reduces reaction time and the ability to stop in emergencies.
- Lane splitting without space: When motorcyclists ride between lanes of traffic, collisions can occur if other vehicles don’t allow adequate space.
Road and Environmental Factors Leading to Accidents
Road and environmental conditions are also significant contributors to motorcycle crashes. Factors include:
- Dangerous road conditions: Potholes, debris, and uneven surfaces can cause motorcyclists to lose control.
- Poorly maintained roads: Cracked asphalt or loose gravel can be particularly dangerous for motorcycles.
- Weather conditions: Rain, fog, and wet or icy surfaces can lead to skidding or loss of control.
- Inadequate signage or road design: Missing or unclear traffic signs and poorly designed intersections can lead to crashes.
These actions and conditions can lead to various types of accidents, including head-on collisions, rear-end crashes, and side-impact collisions. Each crash type presents unique risks for the motorcycle rider and can lead to a wide range of injuries.
Types of Motorcycle Accident Injuries
Motorcyclists often suffer severe injuries due to their increased exposure compared to drivers in cars or trucks. Common injuries include:
- Broken bones and fractures: Arms, legs, ribs, and pelvis are frequently affected and may require surgery or rehabilitation.
- Spinal cord injuries: These can range from herniated discs to severe spinal cord damage, potentially causing partial or complete paralysis.
- Traumatic brain injuries (TBIs) and head trauma: Even with helmets, riders are at risk for concussions, TBIs, and skull fractures.
- Road rash: Abrasions from sliding across the road surface; can range from mild to third-degree road rash requiring skin grafts.
- Soft tissue injuries: Damage to muscles, tendons, and ligaments causing pain, swelling, and reduced mobility.
- Internal organ damage: Injuries to organs such as lungs, liver, or kidneys due to the impact.
If you’ve lost a loved one in a motorcycle accident, you may be eligible for a wrongful death claim. Our Bakersfield wrongful death lawyers can help build your case. Let our family take care of your family.
Insurance Claims and Motorcycle Accidents
In California, all drivers must carry minimum liability insurance to cover recovery expenses for accident victims. If you’re involved in a motorcycle crash, this coverage may allow you to seek damages for medical expenses, property damage, and other financial losses. However, the process of filing an insurance claim is often complicated, especially for motorcycle accident victims.
Insurance adjusters aim to reduce the amount paid on claims, often holding biases against motorcyclists. They may unfairly assign blame, question the severity of your injuries, or undervalue property damage. You may also face pressure to accept a quick settlement that does not reflect the true extent of your damages. These tactics are used to protect the insurance company’s bottom line.
Dealing with Insurance Adjusters and Protecting Your Rights
By contacting a motorcycle accident lawyer right away, you can avoid common pitfalls when negotiating with insurance companies. An attorney can counteract bad-faith tactics and ensure your claim is properly valued. They can gather critical evidence—such as police reports, medical records, and witness statements—to build a strong case.
An attorney can also evaluate whether pursuing a personal injury claim in civil court may be more beneficial than relying solely on an insurance claim. Acting quickly to get legal support is crucial to keeping all options open and maximizing your financial recovery.
Fight for the Compensation You Deserve
Calculating the value of your losses is a crucial step before bringing a motorcycle accident claim. Under California law, you have the right to seek financial compensation for both emotional and physical damages resulting from someone else’s negligence. Properly valuing these losses ensures you pursue the full compensation you’re entitled to.
To begin, you can use bills and invoices tied to your accident to calculate economic losses, such as medical expenses, lost wages, and property damage. A motorcycle accident lawyer can then help assess non-economic damages like pain and suffering or emotional distress, which are often more difficult to quantify.
At Omega Law Group, we prioritize maximizing your compensation. During a case evaluation, our firm can explain the formulas used to calculate both economic and non-economic losses, helping you understand the true value of your claim.
Choose How You Want to Progress Your Case
After a motorcycle accident, you are not obligated to go to trial to seek compensation for your losses. Our talented team can arrange out-of-court negotiations with the responsible party. Through mediation, discussions can focus on securing a fair settlement that supports your financial recovery.
Most motorcycle accident cases conclude outside of court. However, if you cannot reach a fair resolution, an attorney can guide you through the process of initiating discovery and potentially going to trial. We will prepare you for each stage, prioritizing your right to a private recovery and ensuring that you are fully supported throughout the legal process.
Our Motorcycle Accident Lawyers in Bakersfield Advocate for You
Motorcyclists like you deserve the opportunity to financially recover from devastating accidents, particularly when those accidents are the result of someone else’s negligence. Motorcycle accident attorneys in Bakersfield can help you bring a personal injury claim forward to civil court.
Those efforts can reward you with a settlement that can help you pay your bills and get back on the road. If you’re ready to learn more about the value of a motorcycle accident claim and the civil process at large, contact Omega Law Group. With millions of dollars recovered for our clients, our team is experienced and ready to fight for you.